E-cigs bill moves along in state Legislature

CHARLESTON – A bill to regulate alternative nicotine products went through a second reading Tuesday in the West Virginia House of Delegates.

Assistant Majority Whip Delegate Tiffany Lawrence, D-Jefferson, is the lead sponsor of a bill, H.B. 4237, to prohibit the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to anyone under 18 years old.

“When you smoke electronic cigarettes, it’s basically like you’re inhaling vaporized liquid nicotine,” Lawrence said. “Marketers provide them in flavors so they are appealing to younger generations. (Legislators) have seen chocolate, cherry, bubblegum and other flavors that appeal to kids.”

Electronic cigarettes, also known as e-cigarettes, are battery-operated devices used for nicotine and other chemical intake, according to the Food and Drug Administration. They turn chemicals into aerosol that may be inhaled, according to the FDA. The product resembles traditional cigarettes, but may also look like everyday items such as pens and pencils, according to the FDA.

The product has not been approved by the FDA, and the agency only regulates e-cigarettes that are marketed for therapeutic uses, according to the agency’s website.

Every state in the U.S. has banned electronic cigarette sales to minors or has pending legislation to do so, Lawrence said. She said school officials in the Eastern Panhandle said minors have been bringing the e-cigarettes on school property, but the officials do not have the authority to handle the situation because there are no laws – such as tobacco-banning policies – prohibiting the product from school grounds.

“This will provide clarity,” Lawrence said. “The community has been overwhelmingly supportive.”

Lawrence said e-cigarettes can be manipulated to be refilled with another substance, such as an illegal drug, which was another topic of discussion in the committee hearing.

The FDA does not know if there are any potential health risks or health benefits associated with e-cigarettes or how much nicotine or other chemicals they contain, according to the agency’s website. The agency does not know if e-cigarettes influence young people to try conventional cigarettes, according to the FDA.

The bill exempts e-cigarette smoking cessation products or e-cigarettes that are prescribed by physicians.

The bill went through the House Health and Human Resources Committee, of which Lawrence is a member, and the House Judiciary Committee. It is expected to go to the floor today for vote.